Republic of the Philippines
Supreme Court
Office of the Court Ayministeator
Manila
OCA CIRCULAR NO. 90-2018
TO : ALL JUDGES AND CLERKS OF COURT OF THE
SECOND LEVEL COURTS
SUBJECT: PLEA BARGAINING FRAMEWORK IN DRUGS
CASES
For the information and guidance of all second level courts,
appended herein as Annex “A” is the Resolution dated 10 April 2018 of
the Court En Banc in Administrative Matter No. 18-03-16-SC (Adoption of
the Plea Bargaining Framework in Drugs Cases).
Strict compliance is hereby enjoined.
4 May 2018
is
MIDAS P. MARQUEZ
‘ourt Administrator
7Annex “A”
Republic of the Philippines
Supreme Court
Baguio City
EN BANC
NOTICE
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution
daied APRIL 10, 2018, which reads as follows.
“A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in
Drugs Cases)- On August 15, 2017, an En Banc Decision in G.R. No. 226679 -
Salvador Estipona, Jr. vs. Hon. Frank E. Lobrigo was rendered whereby Section
23 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of
2002, was declared unconstitutional for being contrary to the rule-making, authority
of the Supreme Court under Section 5(5), Article VILI of the 1987 Constitution;
On April 3, 2018, the Court B Bane deliberated upon and discussed
Administrative Matter No. 18-03-16-SC regarding the Suggested Plea Bargaining
Framework submitted by the Philippine Judges Association;
On April 5, 2018, Justice Diosdado M. Peralta met with the Officers of the
Philippine Judges Association, namely: Hon. Felix P. Reyes (President), Hon.
Frank E. Lobrigo (Senior Vice-President), Hon. Francisco P. Felizmenio (VP
Legal), Hon. Maria Paz R. Reyes-Yson (Secretary General), Hon. Divina Gracia L.
Pelifio and Hon. Racquelen A. Wasquez (Presidential Advisers), to discuss the
revisions on the plea bargaining framework, which was made simpler and easier to
understand, and addressed the concerns raised in the En Bane Agenda of April 3,
2018;
On April 6, 2018, a revised plea bargaining framework, which is more
simplified, incorporated therein the suggestions of the members of the En Bane and
were submitted and, on April 10, 2018, was further deliberated upon and,
thereafter, the En Bane approved the same with modifications containing the
suggested revision of Associate Justice Presbitero J. Velasco, Jr. regarding
exception to probation of offenses involving illegal drug-trafficking or pushing
under Section 5 in relation to Section 24 of R.A. No. 9165, and the suggestion of
Associate Justice Teresita J. Leonardo-De Castro to make clearer the non-
applicability of plea bargaining in cases where the penalty is life imprisonment or
life imprisonment to death; {Notice of Resolution
A.M. No. 18-03-16-
C ’
Aptil 10, 2018
NOW, THEREFORE, the Supreme Court hereby orders the adoption of the
Plea Bargaining Framework in Drugs Cases, as follows:
EB Offense Charged Acceptable Plea Bargain Remarks
Section Penalty | Quantity [Section | Penalty
Section 11, | 12 years &]-01 gram Section 12. | 6 months | In all insiances,
par. 3 I day t0 20| to 4,99 | Possession | and 1 day| whether or not
Possession of | years and] grams | of to 4 years| the — maximum
Dangerous | fine Equipment, | and a fine| period of the
Drugs (Where | ranging Instrument, | ranging | penalty imposed
quantity of from Apparatus | from is already
shabu, opium, | P300,000 and Other | P10,000 to | served, drug
morphine, to Parapher- | P50,000 | dependency test
heroin, 400,000 nalia for shall be
cocaine is less Dangerous | N.B.: The | required Ir
than 5 grams) Drugs court is | accused admits
given the| drug use, or
discretion | denies it but is
to impose a| found positive
minimum | after drug
period and | dependency test,
amaximum | he/she shall
| period to be | undergo
taken from | treatment — and
the range of | rehabilitation for
the penalty | a period of not
provided by | less than 6
law. A} months. Said
straight period shall be
| penalty credited to
within the| hisher penalty
range of 6|and the period
months and | of his after-care
1 day to I /and follow-up
year may | program is
likewise be| penalty is still
imposed. unserved. te
Section 11, [12 years | OT gram [Section 12. [6 months | accused is found
par. 3, and 1 day | to 299.99 | Possession | and 1 day | negative for
Possession of | to 20 years| grams | of to 4 years | drug
Dangerous | and fine Equipment, | and a fine | use/dependency,
s (Where | ranging Instrument, | ranging | he/she willbe
from fine Apparatus | from released on time
ij from and Other | 10,000 to | served,
less than 300 | 300,000 Paraphern | 50,000 | otherwise,
grams) to alia for he/she will serve
400,000 Dangerous | NB. The| his sentence in
| Drugs court is | jail_ minus the
given the | counseling
discretion
| period at |A.M. No. 18-03-16-SC
April 10, 2018
Notice of Resolution
to impose a | rehabilitation
minimum | center.
period and|However, if
a maximum | accused applies
period to be | for probation in
taken from | offenses
the range of | punishable
the penalty | under R.A. No.
provided by | 9165, other than
law. A| for illegal drug
trafficking or
penalty pushing — under
within the| Section 3 in
range of 6| relation to Sec.
months and | 24 thereof, then
| 1 day to 1|the law on
| year may | probation shall
likewise be | apply.
L imposed.
Section 11, | 20 yearsto | Sgrams [Section 11, |12 years
par. 2. life 109.99 | par. 3 and 1° day
Possession of | imprison- | grams | Possession | to 20 years
Dangerous ment and of and a. fine
Drugs (Where | fine Dangerous | ranging
quantity of ranging Drugs from
shabu, opium, | — from P300,000 to
morphine, 400,000 400,000
heroin, to
cocaine is | 500,000 NB: The
grams or more court is
but not given the
exceeding 10 discretion
grams) to impose a
minimum
period and
a maximum
period to be
| taken from
the range of
the penalty
provided by
law.
10 grams [No plea
and above | bargaining
allowed
Section 11, | 20 years to [300 grams | Section 11, | 12 years
par, 2.| ‘life 10.499 | par. 3. and 1 day |
Possession of| imprison- | grams | Possession | to 20 years
Dangerous ment and of and a fine
Drugs fine Dangerous | ranging
ranging Drugs fromAM. No. 18-03-16-SC
Notice of Resolution
April 10, 2018
| (Where the from P300,000 to
quantity of 400,000 P400,000
marijuana is to
300 grams or | P500,000 NB: The
more but not court is
exceeding 500 given the
grams discretion
to impose a
minimum
period and
a maximum
period to be
taken from
the range of
| the penalty
provided by
| | law.
500 grams |No plea
and above | bargaining
iz allowed
Section 12. 6 months Section 15. |@ months [If accused
Possession of | and 1 day Use of | treatment | admits drug use,
Equipment, 104 years Dangerous | and or denies drug
Apparatus and | and fine Drugs rehabilita- | use but found
Other | tion positive afier
Paraphernalia drug
for Dangerous | P10,000 to | dependency test. |
Drugs 50,000 Undergo [IF accused is
counselling | found negative
program at | for drug
rehabilita- | use/dependency
fe tion center
Section 14, Maximum Section 15. [month [Tf accused
Possession of | penalty in Use of treatment | admits drug use,
Equipment, | Section 12 Dangerous | and or denies drug
Apparatus and Drugs rehabilita- | use but found
Other tion it after
Paraphernalia |
for Dangerous pendency test. |
Drugs During Undergo [If accused is
Parties, Social | counselling | found negative
Gatherings or program at | for drug,
Meetings rehabilita- | use/dependency
[essa tion center | i
Section 5. 01 gram [Section 12. [6 months — [Tn all instances,
Sale, Trading, | Imprison- | to.99 | Possession |and1day | whether or not
ete. of mentto | grams | of to4years | the maximum
Dangerous Death and | (metham- | Egiipment, | andafine | period of the
Drugs fine | phetamine | Jnstrument, | ranging —_| penalty imposed
(Methampheta | ranging hydro- | Apparatus | from already |
-mine from | chloride_| ane Onher_| P10,000 to_| served, -siuz] {Notice of Resolution
AM.
No. 18-03-16-SC
April 10, 2018
hydrochlpride
or shabu\only)
500,000
to
P10,000,00
0
or shabu
only)
Parapher-
nalia for
Dangerous
Drugs
P50,000
NB: The
court is
given the
discretion
to impose a
minimum
period and
a maximum
period to be
taken from
the range of
the penalty
provided by
law. A
straight
penalty
within the
range of 6
months and
I day to 1
year may
likewise be
imposed.
dependency test
shall be
required, 1
accused admits
drug use, or
denies it but is
found — positive
after drug
dependency test,
he/she” shall
undergo
treatment and
rehabilitation for
a period of not
less than 6
months. Said
period shall be
credited to
his/her penalty
and. the period
of his afier-care
and — follow-up
program is
penalty is still
unserved, If
accused is found
negative for
drug
use/dependency,
he/she will be
released on time
served,
otherwise,
he/she will serve
his sentence in
jail minus the
counseling
period al
rehabilitation
center.
However, if
accused applies
for probation in
offenses
punishable
under R.A. No,
9165, other than
for illegal drug
wafficking ot
pushing under
Section 5 _ inNotice of Resolution
AM,
No. 18-03-16-SC
April 10, 2018
relation to Sec.
24 thereof, then
the Jaw on
probation shall
apply
taken from
the range of
the penalty
provided by
law. A
straight
penalty
within the
range of 6
months and
I day to 1
year may
likewise be
imposed.
1.00 gram | No plea
and above | bargaining
(metham- | allowed
phetamine
hydro-
chloride
or shabu
only)
S : Life O1 gram | Section 12. [@months | In all instances,
Sale, Trading, | Imprison- | 09.99 | Possession | and | day | whether or not
ete. of ment to | grams of | of to4 years | the — maximum
Dangerous | Death and | marijuana | Equipment, |andafine | period of the
Drugs fine only | Instrument, | ranging _| penalty imposed
(Marijuana | ranging Apparatus | fom is already
only) from and Other |P10,000to | served, drug
500,000 Parapher- \¥50,000 | dependency test
to rnalia for shall be
P10,000,00 Dangerous | N.B.: The | required. ir
0 Drugs court is accused admits
given the | drug use, or
discretion | denies it but is
to impose a | found positive
minimum | after drug
period and | dependency test,
amaximum | he/she shall
period to be | undergo
treatment — and
rehabilitation for
a period of not
less than 6
months. Said
period shall be
credited to
his/her penalty
and the period
of his afier-care
and — follow-up
program is
penalty is still
unserved. If
accused is found
negative for
drug
use/dependency,
he/she willbe
released on timeNotice of Resolution -7- AM. No. 18-03-16-SC
April 10,2018
served,
| otherwise,
he/she will serve |
his sentence in
jail minus the
counseling
period at
rehabilitation
center,
4
|
|
accused applies
for probation in
offenses
| punishable
under R.A. No,
9165, other than
for illegal drug
trafficking or
pushing under |
Section 5 in
relation to See.
24 thereof, then
the law on
probation shall
apply.
10.00 | Noplea
grams of | bargain
marijuana | allowed
only and |
above |
In all other cases where the imposable penalty is life imprisonment or life
imprisonment to death, plea bargaining is not allowed. Plea bargaining is also not
allowed under Section 5 (Sale, Trading, etc. of Dangerous Drugs) involving all
other kinds of dangerous drugs, except shabw and marijuana.
‘The Office of the Court Administrator is DIRECTED to ISSUE a Circular
for dissemination to all concerned.” Sereno, C.J., on leave. Del Castillo, J., on
leave. Reyes, Jr., J., on official leave. (adv35)
Very truly yours,
Clerk of Court
\ evga. ance
~ Olu!”Notice of Resolution 8 AM. No. 18-03-16-5C
Aptil 10, 2017
HON. MARIA LOURDES P. A. SERENO (x) Court Aghinistrator
Chief Justice on Leave (ON, JOSE MIDAS P. MARQUEZ (x)
HON. ANTONIO T. CARPIO (x) Deputy Court Administrators
Acting Chief Justice HON. RAUL B. VILLANUEVA (x)
HON. PRESBITERO J, VELASCO. JR. (x) HON. JENNY LIND R, ALDECOA-DELORINO (x)
HON, TERESITA J. LEONARDO-DE CASTRO (x) ‘Supreme Court
HON, DIOSDADO M. PERALTA (x)
HON. LUCAS P. BERSAMIN (x) HON, FELIX P. REYES (reg)
HON. MARIANO C, DEL CASTILLO (x) PA President
HON. ESTELA M. PERLAS-BERNABE (x) Branch 272, Marikina City
HON. MARVIC MARIO VICTOR F, LEONEN (x)
HON. FRANCIS H. JARDELEZA (x)
HON, ALFREDO BENJAMIN S, CAGUIOA (x)
HON, SAMUEL R. MARTIRES (x)
HON, NOEL G., TIJAM (x)
HON, ANDRES B. REYES, JR. (x)
HON, ALEXANDER G. GESMUNDO (x)
Associate Justices
Supreme Court
INTEGRATED BAR OF THE PHILIPPINES (reg)
IBP Bldg,, Dona Jula Vargas Avenue
Pasig City 1505
JUDICIAL RECORDS OFFICE (x) *For ciculatization
JUDGMENT DIVISION (3)
Supreme Court
AM. No, 18-03-18-SC
PUBLIC INFORMATION OFFICE (x) kat 4/10/18 (URes36) 4/30/17
LIBRARY SERVICES (x)
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